Meeting with a family lawyer to obtain initial legal advice about your family law matter is one of the best things you can do after (and sometimes even before) separation. This will ensure you are aware of your legal entitlements and the options available to help you resolve your family dispute.
When engaging a builder to build you a new home or even renovate your existing home, there are generally two common issues which you as the owner may face when entering into building contracts. The first is that of delay by the builder and the second is that of defective building works.
On 1 September 2015, the new Powers of Attorney Act 2014 (Vic) commenced operation in Victoria. The new regime is intended to assist in preventing financial abuse of the disabled and elderly and to make it easier for these people to give effect to their decisions.
The Australian Taxation Office (ATO) has recently been cracking down on certain activities of Family Trusts, particularly in relation to certain arrangements for distributing income from the Trust to beneficiaries. Some of the activities that the ATO is examining closely are "gift back" arrangements. Read here for more details.
Over the past few years, there have been conflicting views on whether a Landlord or a Tenant was responsible for the expense of essential safety measures ('ESM') in rented premises. Landlords contended that the Tenant should reimburse or pay these costs as an outgoing like any other. On the other hand, Tenants contended that the Building Regulations made it a Landlord's responsibility to ensure that premises were ESM compliant at the Landlord's expense.
In a lease, security deposits are funds provided by a Tenant (in one transaction or multiple transactions) and held by the Landlord or Landlord's agent, as security for performance of a number of Tenant obligations pursuant to the lease e.g. in the event the Tenant fails to pay rent or fails to comply with their "make good" obligations upon vacating the property, then the security deposit covers part of the loss a Landlord may suffer.
There is always a fine line between the expected 'sales pitch' and a genuine representation or promise to get a Tenant over the line. Care needs to be taken when offering incentives to a Tenant and it is in the interests of both parties that all terms that are intended to be binding are included within the written Lease and are clear as to their effect.
Corporate governance is heavily regulated in Australia and there are a number of duties of directors that must be observed as highlighted by the Australian Securities and Investment Commission. The duty to avoid a conflict of interest was introduced to ensure that directors act in the best interests of the company, even if this may not be in the director's own personal interests. A breach of the duty to avoid any conflict of interest will have serious consequences for both the director and the company.
The safest course for employers is to ensure that their employee contracts contain a restraint-of-trade clause, with such restraints being fair, reasonable and legally enforceable. A well-drafted contract can protect an employer in a way that is much more efficient and cost-effective than Court proceedings!
As a Landlord, be aware of what you or your agents are saying and showing to a Tenant. Always ensure that you have reasonable grounds to make those representations. In order to be effective, any legal disclaimer needs to be prominent, specific to the circumstance and a clear part of the overall picture of the premises being represented to a prospective Tenant.
Businesses need to act when an employee is showing signs of distress caused by something that has occurred in the workplace. The risk of a claim will be higher if it can be shown that the business was aware of the effect the workplace environment was having on the employee.
